3-1005.   Chemical tests; additional tests; presumptions; other evidence.(a) Without limiting or affecting the provisions of K.S.A. 3-1004, the persontested shall have a reasonable opportunity to have an additional chemicaltest by a physician of such person's own choosing. If the law enforcementofficer refuses to permit such additional chemical test to be taken, theoriginal test shall not be competent evidence.

      (b)   In any criminal prosecution for violation of K.S.A. 3-1001 or 3-1002,evidence of the amount of alcohol in the defendant's blood at the time alleged,as shown by chemical analysis of the defendant's blood, urine, breath orother bodily substance may be admitted and shall give rise to the followingpresumptions:

      (1)   If there was at that time less than .10% by weight of alcohol in thedefendant's blood, it shall be presumed that the defendant was not underthe influence of intoxicating liquor;

      (2)   if there was at the time .10% or more by weight of alcohol in thedefendant's blood, it shall be presumed that the defendant was under theinfluence of intoxicating liquor.

      (c)   For the purpose of this act, percent by weight of alcohol shall bebased upon grams of alcohol per 100 milliliters of blood.

      (d)   Upon the request of any person submitting to a chemical test underthis act, a report of the test shall be delivered to such person.

      (e)   Subsection (b) shall not be construed as limiting the introductionof any other competent evidence bearing upon the question of whether ornot the defendant was under the influence of intoxicating liquor.

      History:   L. 1981, ch. 138, § 5; July 1.